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Law Handbook 2013 1
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Law Handbook
Flinders Law School (CRICOS Provider No 00114A)
"My experience at the Flinders Law School has been simply outstanding, due predominantly to the teaching staff that enjoy academic expertise that is recognised on a global scale. Furthermore, the staff employ engaging teaching methods that make classes interactive, highly stimulating, and enjoyable. This, coupled with the strong focus placed upon teaching practical legal skills, enabled me to obtain paid work as a law clerk early on in my degree, and be in a position to enter the law profession immediately upon graduating." - Benjamin Goodyear, 2011 student
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FLINDERS UNIVERSITY
ADELAIDE AUSTRALIA
2 Flinders Law School
Table of Contents
Table of Contents ............................................................................................... 2 Important and Critical Dates for 2013 ................................................................. 3 About the Flinders Law School ........................................................................... 5 The Law Programmes ........................................................................................ 5 Graduate Qualities ............................................................................................. 7 Applying to Study at the Law School ................................................................ 10 New-In-Law (Orientation program) ................................................................... 10 The Bachelor of Laws and Legal Practice Programmes ................................... 11 2013 Law Electives and cross listed Law Electives for Law students ............... 11 Part-time Study ................................................................................................. 12 Student Workloads in the LLB/LP ..................................................................... 13 Prerequisite Topics ........................................................................................... 13 Waiver of Prerequisites .................................................................................... 14 Core Topics: List of Prerequisites and Enrolment Restrictions ......................... 14 Combined Law Degree Programmes ............................................................... 17 Range of Programmes ..................................................................................... 17 What is a Combined Degree? .......................................................................... 17 The Law Component ........................................................................................ 17 The ‘Second Degree’ of the Combined Degree Component ............................ 17 Double Counting ............................................................................................... 18 Programmes of Study ....................................................................................... 18 Withdrawal from Combined Degree Programmes ............................................ 18 Transferring into or between Combined Degree Programmes ......................... 18 Postgraduate Degrees in Law .......................................................................... 19 Coursework Degree: Master of Laws (LLM) International Law and International Relations .......................................................................................................... 20 General Information .......................................................................................... 20 Academic Integrity ............................................................................................ 20 Amendment to Enrolment ................................................................................. 21 Deferral of Studies and Leave of Absence ....................................................... 21 Assessment Policies ........................................................................................ 22 Bookshops........................................................................................................ 22 Computing Facilities ......................................................................................... 22 Change of Address/Name ................................................................................ 22 Course Advice .................................................................................................. 22 Cross-Institutional Enrolments .......................................................................... 22 Enquiries .......................................................................................................... 23 Enrolment Procedures ...................................................................................... 23 Flinders Law Students’ Association .................................................................. 23 How the Law School Contacts Students .......................................................... 23 Materials ........................................................................................................... 24 Notices ............................................................................................................. 24 Messages ......................................................................................................... 24 Staff Availability ................................................................................................ 25 Status for Previous Study ................................................................................. 25 University Student Support Services ................................................................ 25 Study Overseas on Exchange .......................................................................... 26
Law Handbook 2013 3
Important and Critical Dates for 2013
Orientation Week 25 February – 1 March
SEMESTER 1:
Weeks 1-14 4 March – 21 June
Mid Semester Break 15 April – 26 April
Mid Year Exams 22 June – 6 July
Mid Year Break 8 July – 26 July
SEMESTER 2:
Weeks 1-14 29 July – 15 November
Mid Semester Break 23 September – 4 October
End of Year Exams 16 November – 30 November
http://www.flinders.edu.au/current-students/exams-assess-results/examinations/
Critical enrolment dates:
Semester 1 topics
Friday 15 March Last day to enrol in new topics. This does not apply to
courses where enrolment deadlines have been specified.
Sunday 10 March Last day to pay Semester 1 up-front student contribution and
tuition fees
Sunday 31 March Census Date
Last day to purge topics from student record
Last day to withdraw without incurring student contribution
amounts or tuition fees
Friday 17 May Last day to withdraw without failure (WN)
Friday 21 June Last day to withdraw (WF)
Semester 2 topics
Friday 9 August Last day to enrol in new topics. This does not apply to
courses where enrolment deadlines have been specified
Saturday 10 August Last day to pay Semester 2 up-front student contribution
amounts and tuition fees.
Saturday 31 August Census Date
Last day to purge topics from student record
Last day to withdraw without incurring student contribution
amounts or tuition fees
Friday 11 October Last day to withdraw without failure (WN)
Friday 15 November Last day to withdraw (WF)
4 Flinders Law School
Non-semester topics (eg summer schools, intensives)
The below provides broad information about enrolment, registration and census dates for non-semester topics. For specific information on a topic please review:
Quick reference websites:
Current Students Information Page http://www.flinders.edu.au/current-students/ FLO (Flinders Learning on Line) https://flo.flinders.edu.au/ Students can login to FLO to:
Access course materials and resources
Access personal library details
Enrol in or withdraw from topics, register in classes, view your timetable, update
contact details, make payments and view results (Student Information System)
Check your student Email account
Ask Trim
See University-wide Announcements
Timetable http://stusyswww.flinders.edu.au/timetable.taf Topic Information http://stusyswww.flinders.edu.au/topic.taf Staff Directory http://www.flinders.edu.au/directory/main-display-search-form.cfm Flinders Law School http://www.flinders.edu.au/ehl/law/
Last day to enrol Census Date Last day to purge topics from student record Last day to withdraw without incurring student contribution or tuition fees
Last day of teaching or Census Date, whichever date is earlier The day after 20% of combined teaching and assessment period has elapsed, unless this day falls on a weekend, in which case the Census Date will be the following Monday.
Last day to withdraw without failure Last day to withdraw
2/3 through the teaching period for the topic or the Census Date, whichever date is later Last day of teaching or last day to withdraw without failure, whichever date is later
Law Handbook 2013 5
About the Flinders Law School
The Law Programmes
The Flinders Law School provides undergraduate and postgraduate degrees in Law, Justice and Society, International Law & International Relations, and Environmental Compliance, as well as majors in Criminal Justice and Legal Studies for a number of Flinders Bachelor degrees. It also teaches law topics for a range of undergraduate and postgraduate business degrees.
The coursework degrees offered within the school are:
Master of Laws (International Law and International Relations)
Graduate Certificate in Environmental Compliance
Bachelor of Justice and Society
Bachelor of Justice and Society (Law Pathway)
Bachelor of Laws and Legal Practice
Bachelor of Laws and Legal Practice (Honours)
Bachelor of Laws and Legal Practice (Graduate Entry)
Bachelor of Laws and Legal Practice (Graduate Entry) Honours)
New in 2013 for a Semester 2 start, is a Graduate Diploma in Legal Practice.
The Law School also offers combined degree courses in:
Arts
Bachelor of Behavioural Sciences (Psychology)
Business, Commerce (Accounting/Finance)
International Studies
Bachelor of Justice and Society
Languages
Science
The Criminal Justice Major is available through a range of degrees at the undergraduate level:
Bachelor of Arts
Bachelor of Applied Geographical Information Systems
Bachelor of Behavioural Sciences (Psychology)
Bachelor of Education (Middle and Secondary Schooling), Bachelor of Arts
Bachelor of Justice and Society
Bachelor of Media
6 Flinders Law School
The Legal Studies major is available through a range of degrees at the undergraduate level:
Bachelor of Arts
Bachelor of Applied Geographical Information Systems
Bachelor of Behavioural Science (Psychology)
Bachelor of Business
Bachelor of Education (Middle and Secondary Schooling), Bachelor of Arts
Bachelor of Media
The School has a strong research capacity and offers:
Master of Laws (LLM)
Doctor of Philosophy (PhD)
The Law School’s academic staff are active researchers, many with national or international reputations in their fields. They are involved in a range of external activities that regularly bring them into contact with the legal profession and the broader community. The Law School prides itself on its friendly and relaxed atmosphere, as well as its commitment to high quality teaching and scholarship.
The School was established to help meet an overwhelming demand for university places in law. In 1992 the first 60 undergraduates were admitted into LLB programme. Since then the School has grown significantly in both student numbers and courses offered.
A significant component of our undergraduate Law degree is the practical experience we provide. Practical legal training (PLT) is embedded into our undergraduate law degree as this fully prepares our graduates to be work ready and confident practitioners in the profession.
This enables students to complete all requirements for admission to practice as a lawyer as part of their undergraduate education, rather than as a separate add-on. Students can undertake this PLT component on a HECS-HELP debt basis without any upfront course fees. The incorporation of PLT into the degree flows from a philosophy articulated from the establishment of the Flinders Law degree whereby skills training is integrated with the study of substantive law topics. These skills enhance the appreciation of the ways in which legal rights and obligations are given effect in practice but are relevant to almost all applications of legal knowledge, not just legal practice.
Features of Flinders’ PLT component include:
Practical training topics are integrated with the substantive topics of the course and designed specifically to build on what students have already done.
The practical topics involve teaching from experienced teaching staff from within the Law School (many of whom have a practice background) and practitioners currently working in the profession.
Students are enrolled in a Flinders programme of study with all the University’s consequent rights and privileges.
The course can be taken on a HECS-HELP debt basis.
Law Handbook 2013 7
In 2013, subject to LPEAC approval and accreditation, Flinders Law School will commence a Graduate Diploma in Legal Practice which will allow undergraduate students (non-Flinders students) to undertake their practical legal training at Flinders University.
One thing that has changed little over the past decade has been the success of the Flinders Law programme. Our graduates consistently give high ratings in a variety of areas and they in turn have been highly valued by employers for the skills they possess. With the Law School incorporating Law, Criminal Justice and Legal Studies majors, Bachelor of Justice and Society, and Bachelor of Justice and Society (Law Pathway) we are now in the forefront of law and legal training and it will continue its role in providing high quality education and training.
Work Integrated Learning at Flinders
Flinders University is committed to providing a student-centred, innovative, supportive and high quality learning experience, and views the opportunity to take part in some form of work-related experience as an essential form of learning.
Work-Integrated Learning (WIL) is the term normally used to describe directed or supported educational activities that integrate theoretical learning on campus with its application in the workplace. Work-Integrated learning that is intentional, organized, recognized and accredited by the University can provide powerful learning experiences for students and staff. WIL provides opportunity for students to demonstrate graduate qualities.
Graduate Qualities
Flinders University has developed a set of 7 Graduate Qualities and Attributes. These are qualities that are students can feel confident in developing and/or further enhancing during their undergraduate degree:
are knowledgeable;
can apply their knowledge;
communicate effectively;
can work independently;
are collaborative;
value ethical behaviour; and
connect across boundaries.
For more information on our Graduate Qualities please go to: http://www.flinders.edu.au/teaching/teaching-strategies/graduate-qualities/ Legal Education at Flinders
The Bachelor of Laws and Legal Practice (LLB/LP) is designed with the intention that students will obtain: (a) knowledge, understanding and the capacity to critically appreciate and evaluate Australian law and the Australian legal system, taking into account historical development and societal imperatives; (b) facility in a range of basic legal and generic skills that assist in the translation of legal rights into effective outcomes; and (c) competence in applied legal skills essential to the ethical and professional conduct of legal
8 Flinders Law School
practice, broadly construed. The overarching aim is to have graduates properly prepared to enter upon the practice of Law in Australia, and, where recognised, overseas.
Particular skills emphasised include:
legal research techniques, in particular the capacity to locate primary source material (statutes and judicial decisions) in both the traditional hard copy and in the developing range of electronic data bases;
legal reasoning, especially case analysis, statutory interpretation and an appreciation of how facts are established and their relevance determined;
critical evaluation of legal rules and policy issues;
presentation of arguments, both orally and in writing;
interpersonal communication, for instance, in the contexts of interviewing clients or conducting negotiations; and
use of plain and understandable English in legal drafting and other forms of writing.
Legal skills such as the interpretation and analysis of statute and precedent, the oral and written presentation of legal argument, the ability to retrieve information and the capacity to distinguish the relevant from the irrelevant are of value in a variety of careers, as well as professional legal practice.
Within Australia, the content of both academic and practical courses in Law is influenced by the lists of subject areas, skills and values which have been agreed by admitting authorities. These lists set out what is essential if a graduate is to be admitted as a legal practitioner. Compliance with these lists is regulated in this State by the Legal Practitioners Education and Admission Council (LPEAC), which is satisfied that the Flinders degree is fully compliant.
The first year of the course seeks to introduce students to the nature and structure of the legal system and to a cross-section of substantive legal principles involving civil law, criminal law and public law. The remaining compulsory law topics consolidate these principles and cover the remaining areas of substantive law and legal procedure generally accepted as the core areas. Elective topics, available to students from 3rd year, enable students to develop specialist knowledge and skills, a greater understanding of the social impact or theoretical bases of the law, and an appreciation of possible future directions of the law. The PLT topics provide students with the knowledge, skills and values relevant to the conduct of legal practice.
Students are expected to view the Law in its historical, conceptual and social context. Critical evaluation of the evolution, purpose and operation of the Law is part of all compulsory and elective topics. Study of the History of Legal Ideas is one topic within the compulsory core. Within the Law degree, attention is directed to philosophical, economic, racial and gender-based analyses. The PLT topics are linked to the substantive topics in the law core so that students are able to apply substantive principles within the related practical environment.
The Flinders Law Library
All staff and students have access to The Law Library. The Library provides the link to an extensive range of online legal databases and services which, together with its 96,000 volumes, provides an excellent teaching and research resource. The Library was established with a grant from the University and a
Law Handbook 2013 9
successful public appeal. Members of the legal profession were very generous contributors.
The Law Library is located on Level 3 of the Central Library Building. It has purpose-built accommodation, comprising a magnificent reading room containing the collection of books, law reports, statutes and journals, together with reading accommodation. Generous provision of student computer workstations and associated facilities provide easy access to online services.
Adjacent is the Law student hub with computer workstations, group study and audiovisual facilities and the Law Library’s Information and Reserve Loans service point. The Law Liaison Librarian also located in this area, assists with training and reference inquiries. The Law Library’s webpage is: http://www.flinders.edu.au/library/
A well equipped Law Library is the resource centre of any Law School, and learning to access it is one of the most important legal skills that students acquire. Tours of the Library and research skill training are arranged for all first year students early in first semester.
Events and Community Engagement
Flinders Law School holds a wide range of events each year. A major date in our calendar is the annual Elliott Johnston Lecture typically held during Law Week in mid-May. This lecture series has a focus on indigenous issues. We have recently introduced a series of Criminal Justice public forums which focus on topical issues in criminal justice, and feature high profile, expert panellists and speakers. The Law School regularly hosts the Visiting Judicial Follow Program which invites a Justice of the Federal Court of Australia to spend time with students and staff in the Law school. During the law degree opportunities for community service are provided, especially in conjunction with the Southern Community Legal Service and via the elective topic Social Justice Internship. This topic gives students the chance to work, under supervision, with clients at a University Legal Advice Clinic or in several community agencies. It is one of the School’s most engaging features: ‘a fantastic topic’ ‘there was a real sense of helping people who felt lost’ ‘the most valuable experience I have had at university’.
Individually, Law staff share their skills and expertise through expert comment, consultancy, presentations and membership of numerous government and professional boards and committees. They also work with a range of community organisations. Among these currently are: the International Humanitarian Law Committee of the Red Cross; the Australian Council on Children and the Media; Amnesty International; the Royal Society for the Prevention of Cruelty to Animals; the Don Dunstan Foundation; the University of the Third Age; Yarrow Place and the Australian Refugee Association.
Governance
The Law School is part of the Faculty of Education, Humanities and Law, and is one of four Faculties in the University. The School provides advice on academic matters to the Faculty and the University through the School Board. The School Board includes academic staff, general staff and student members. Students who have academic issues that they believe should be brought to the attention of the Board should speak to their student representatives.
The School Board has several committees, one of which is the Teaching and Learning Committee. This Committee advises the Board on all matters relating
10 Flinders Law School
to teaching and assessment, including the approval of proposed new topics, and scrutinises assessment schemes formulated by the teaching staff. The Teaching and Learning Committee contains student representatives. Advice to the School on matters affecting students generally is provided through the Staff/Student Consultative Committee.
The senior administrator within the School is the Dean of Law, a senior member of the academic staff whose functions include being responsible for matters relating to resources and staffing, as well as representing the School in dealing with the Faculty, the rest of the University, the legal profession, and the broader community. The Dean is assisted by Associate Deans and Heads, Directors of Studies, and a school office which is responsible for the student and academic administration of the School.
See here for a listing of our current staff: Staff - Flinders University
Flinders Law Journal
The Flinders Law Journal (previously The Flinders Journal of Law Reform) publishes contributions from Australian and international scholars on topics relating to law. The Journal has up to two issues a year. Occasionally it publishes special issues in which scholars consider one particular area. Ideas for special issues are always welcomed. Students wishing to assist with the production of the Journal are encouraged to approach the Editor. Also all students are invited to submit any outstanding piece of legal writing to the Editor for possible publication. For more information please visit: http://www.flinders.edu.au/ehl/law/flinders-law-journal/flinders-journal-of-law-reform_home.cfm
Applying to Study at the Law School
Australian students wishing to apply for degrees offered within the Law School should do so through:
SATAC and GradStart UniWeb
International students wishing to apply must contact the International Office
For Australian students requiring further information about admission please contact the Admissions/Prospective Students Office
New-In-Law (Orientation program)
The New-In-Law programme is essential for any new Flinders law student. It provides an introduction to the place, the people, the work and the opportunities that comprise the Law degree and it welcomes incoming students to their academic home. It builds on our reputation as a ‘first-year-friendly’ Law School and is designed to ensure that new students lose no time in establishing themselves successfully on their Law degree journey.
The New-in-Law programme is held during O-week. The programme includes challenging, interesting and purposeful activities and plenty of opportunities for incoming students to get to know their classmates, the Law staff and their peers. New students will also meet their peer mentor, an experienced Law student who possesses vital information about surviving Law School and has a commitment to help.
Students enter the Law School from a wide range of previous ‘lives’. New-in-Law focuses students’ diverse skills and interests on their Law degree. It is
Law Handbook 2013 11
fundamental to developing the confidence and competence needed to make the most of their time with us.
The Bachelor of Laws and Legal Practice Programmes
The School offers four law degrees as outlined below.
Bachelor of Laws and Legal Practice
Bachelor of Laws and Legal Practice (Honours)
Bachelor of Laws and Legal Practice (Graduate Entry)
Bachelor of Laws and Legal Practice (Graduate Entry) Honours)
Note: Please read the specific course rule for your program of study to ensure that you are meeting the requirements and reviewing the most up to date information.
The various Bachelor of Laws and Legal Practice courses may be taken as a first degree in a minimum of four years full-time (or the equivalent part-time) or as a graduate-entry program in a minimum of three-and-a-half years full-time (or the equivalent part-time).
Students who do not wish to undertake the Practical Legal Training (PLT) component may exit with Bachelor of Laws (LLB) as a first degree in three-and-a-half years full-time (or the equivalent part-time), or as a graduate-entry program in three years full-time (or the equivalent part-time). However, these students cannot to be admitted to legal practice without completing a formal course of practical training. Students who do not intend to undertake the Legal Practice component of the award are encouraged to notify the Faculty Administrative Officer (Law) during their final 12 months to ensure that they are recorded as a graduand of the LLB.
All the Law degrees must be completed within 10 calendar years of commencement, unless the School Board permits an extension of time.
2013 Law Electives and cross listed Law Electives for Law students
TOPIC CODE TOPIC TITLE 2013 AVAILABILITY
BIOL4731 Evidence Evaluation S1
BUSN3054 Taxation Law and Practice S1 CRIM2201 Crime and Punishment S1 CRIM2202 Policing and Law Enforcement S2
CRIM3011 Current Issues in Criminal Justice NS2
CRIM3301 Crime, Law & Trauma S2 CRIM3302 International Criminal Justice NS2
JUSS3300 Justice Policy Work Integrated Learning S1 & S2
LEGL2113 Protecting Children S1 LEGL2114 Regulating Small Business S2
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LEGL2117 Legal Fictions: Race, Crime and Sovereignty S1
LEGL3112 Regulating Technology S2
LEGL3113 Socio-Legal Research Methods NS1
LLAW3230 Advanced Public Law S1 LLAW3238 Current Issues in Law S2 LLAW3241 Dispute Management S2 LLAW3244 Health Law S1 LLAW3245 Immigration & Refugee Law S2 LLAW3248 International Criminal Law S2 LLAW3250 International Law S1
LLAW3251 The International Protection of Human Rights S1
LLAW3260 Securities Regulation S2 LLAW3262 Selected Issues in Media Law S1
LLAW3263 Selected Issues in Natural Resources and Climate Law S2
LLAW3264 Social Justice Internship S1 LLAW3267 Workplace Compensation Law S1
LLAW3273 Mooting and International Appellate Advocacy NS1
LLAW4042A& B Legal Research Paper (Part 1 & Part 2)** S1 & S2
LLAW3270 Introduction to China’s Law and Legal System January 2014
**Topic is 9 units.
Part-time Study Part-time study of the law courses is available. In first year it is recommended that even part-time students take three law topics in each semester (a three-quarter load). It is essential that the following topics are completed successfully in Semester 1: LLAW1211 Legal Research and Writing [Research 1, Writing 1] and LLAW1212 Criminal Law and Legal Method [Statutory Interpretation I].
Thereafter the order of topics should correspond to the progression set out as per the course rule, with particular care being given to the matter of prerequisites.
Enrolment Loads
Normal full-time enrolment is 36 units per year or 18 units per semester. Enrolment beyond this limit is permissible in some circumstances in accordance with University and Law School policies. Summer electives are offered primarily to increase flexibility for students, not to speed up degree completion. Accordingly, the availability of summer electives does not alter the expectation that the normal annual load remains at 36 units.
Law Handbook 2013 13
Student Workloads in the LLB/LP
Most Flinders topics are 4.5 unit value with some exceptions to some dissertations and PLT topics. Flinders University uses unit values not only to define its degree requirements, but also to provide guidance to students on how to plan their study time. Students should see the hours linked to unit values as an indication of the estimated minimum work time necessary for them to achieve an average grade. The University’s general standard is that for each unit taken, approximately 30–36 hours of student effort (including both time spent in formal classes and individual study time), may be required over the course of a semester in order to obtain an average grade. This means, for instance, that a student who is undertaking a standard full-time load of topics totalling 18 units in a semester might expect to have to devote approximately 18 x 30 = 540 hours to 18 x 36 = 648 hours over that semester. Assuming a full continuum from week 1 to the end of the examinations period (including mid-semester break and swotvac), this averages to 30–36 hours per week of effort on the part of the student. In other words full-time study is the equivalent of a full-time job. Students should reflect on that fact before trying to ‘overload’ on their topic commitment.
The standard set by the University is intended to indicate the estimated time needed by a student, working effectively, to achieve an average grade. Experience shows that an ‘average grade’ in a Law topic is a Credit. Some students will find that they need to work harder to achieve such a grade, especially in the early years of the LLB/LP course when trying to come to terms with legal issues and acquiring the skills needed to comprehend and analyse legal materials. Students must realise that more time may need to be devoted in individual circumstances in order to achieve even an average grade, let alone a higher grade. And there can be no guarantee, of course, that the mere investment of time will necessarily result in an average grade. The University’s approach to the question of student workloads can be read at: Flinders University: Student Related Policies and Procedures Manual
Prerequisite Topics
Most topics taught by the Law School have prerequisites or concurrent enrolment requirements. These requirements are imposed to ensure that teachers of upper year topics can assume certain knowledge or skills on the part of those in the class and organise their teaching accordingly. They fall into three categories:
Prerequisite: a topic which the student must have passed before enrolment in the relevant topic;
Concurrent prerequisite: a topic which the student must either have passed before enrolment in the relevant topic, or be taking concurrently;
Co-requisite: a topic which the student must do at the same time as the relevant topic.
Please review the relevant prerequisites through the topic search facility.
14 Flinders Law School
Waiver of Prerequisites
In certain cases, a prerequisite or concurrent enrolment requirement may be waived. The School Board has adopted the following rules in this regard:
1. The Director of Studies may grant the request for waiver if:
the relevant topic coordinator consents (provided that it is reasonably practicable to seek that consent);
the Director of Studies is satisfied that the student’s ability to complete the topic satisfactorily will not be unduly hampered either through lack of adequate knowledge of content or through lack of previous attainment of necessary skills; and
the Director of Studies is satisfied that any administrative goal for the prerequisite or concurrent enrolment requirement has either been substantially achieved or its achievement would not be unduly hindered by granting the request for waiver.
2. The Director of Studies may, in considering whether to grant the request for waiver, take into account:
the student’s reasons for seeking the waiver;
any prior relevant studies or experience the student has had;
the student’s level of academic achievement in prior and current studies and the circumstances under which it was achieved; and
such other matters as bear upon the criteria which must be satisfied.
The School Board has expressly adopted the view that the desire to undertake, or the fact that a student has undertaken, a topic offered over the summer, will not be relevant reasons.
3. For waiver of prerequisites for PLT topics, all requests will be directed to the Director of Professional Programmes. In some instances, requests for waivers must be sent to the Legal Practitioners Education and Admissions Council (LPEAC). Waivers will only be granted for prerequisites of PLT topics in exceptional circumstances.
To apply for a pre-requisite waiver you need to log into the Frequently Asked Question (FAQ) website: www.flinders.edu.au/asktrim and submit a request for the waiver.
Core Topics: List of Prerequisites and Enrolment Restrictions
(Prerequisites may be modified on a yearly basis)
The symbol † indicates a co-requisite; ^ indicates a concurrent prerequisite.
LLAW1211 Legal Research and Writing [Research 1, Writing 1]
S1 ^LLAW1212 or LLAW1104.
Enrolment is not permitted if LLAW1101 has been successfully completed.
LLAW1212 Criminal Law and Legal Method [Statutory Interpretation 1]
S1 LLAW1101 or ^LLAW1211.
Enrolment is not permitted if LLAW1104 has been successfully completed.
Law Handbook 2013 15
LLAW1213 Introduction to Public Law [Group Work]
S1 ^LLAW1211 or LLAW1101; and ^LLAW1212 or LLAW1104.
Enrolment is not permitted if LLAW1103 has been successfully completed.
LLAW1214 Contract S1 LLAW1101 or ^LLAW1211 and LLAW1104 and ^LLAW1212.
Enrolment is not permitted if LLAW1105 has been successfully completed.
LLAW1221 Professional Skills and Ethics [Ethics 1]
S2 Enrolment is not permitted if LLAW1106 has been successfully completed.
LLAW1222 Issues in Criminal Law S2 LLAW1212 or LLAW1104.
Enrolment is not permitted if LLAW2102 has been successfully completed.
LLAW1223 Torts 1 S2 LLAW1211 or LLAW1101 and LLAW1212 or LLAW1104.
Enrolment is not permitted if LLAW1102 has been successfully completed.
LLAW1224 Advanced Contract S2 LLAW1211 or LLAW1101 and LLAW1214 or LLAW1105.
Enrolment is not permitted if LLAW2103 has been successfully completed.
LLAW2211 Torts 2 [Interviewing] S1 LLAW1223 or LLAW1102 and LLAW1221 or LLAW1106.
Enrolment is not permitted if LLAW2106 has been successfully completed.
LLAW2212 The Constitution and the Australian Federation [International/Comparative 1]
S1 LLAW1213 or LLAW1103.
Enrolment is not permitted if LLAW2104 has been successfully completed.
LLAW2213 Administrative Law 1: Judicial Review [Statutory Interpretation 11]
S1 LLAW1212 or LLAW1104 and LLAW1213 or LLAW1103.
Enrolment is not permitted if LLAW2107 has been successfully completed.
LLAW2214 Property, Equity and Trusts
S1 27 units of First year LLAW Topics. Enrolment is not permitted if LLAW2101 or LLAW3104 has been successfully completed.
LLAW2221 The Constitution and the Australian People [Indigenous/Social Justice 1]
S2 LLAW1213 or LLAW1103.
Enrolment is not permitted if LLAW2104 has been successfully completed.
LLAW2222 The History of Legal Ideas [Research 11]
S2 18 units of First year LLAW topics. Enrolment is not permitted if LLAW2105 has been successfully completed.
LLAW2223 Administrative Law: Merits Review
S2 LLAW1213 or LLAW1103 and LLAW1212 or LLAW1104.
Enrolment is not permitted if LLAW2107 has been successfully completed.
LLAW2224 Corporate Law 1 [Drafting]
S2 LLAW1224 or LLAW2103.
Enrolment is not permitted if LLAW3102 has been successfully completed.
16 Flinders Law School
LLAW3211 Corporate Law 2 [Ethics 11]
S1 LLAW2224.
Enrolment is not permitted if LLAW3102 has been successfully completed.
LLAW3212 Civil Litigation 1 [Advocacy]
S1 LLAW2211 or LLAW2106 and LLAW2214 or LLAW2101.
Enrolment is not permitted if 1 of LLAW4103 or LLAW4103A has been successfully completed.
LLAW3221 Real Property Law S2 LLAW2214 or LLAW2101.
Enrolment is not permitted if LLAW3101 has been successfully completed.
LLAW3222 Civil Litigation 2 [Negotiation]
S2 LLAW3212 or LLAW4103 or LLAW4103A. Enrolment is not permitted if LLAW4104 or LLAW4104A has been successfully completed.
LLAW3223 Evidence S2 LLAW3211 or LLAW3102. Enrolment is not permitted if LLAW4101 has been successfully completed.
^ indicates a concurrent prerequisite.
Practical Legal Training Topics
Topic Prerequisites and Enrolment Restrictions
LLAW4211 Legal Practice Management [Research 111]
NS1 LLAW3212 or LLAW4103, and LLAW3223 or LLAW4101.
Enrolment is not permitted if LLAW5901 has been successfully completed.
LLAW4212 Transactional Legal Practice
S1 LLAW3221 or LLAW3101 and LLAW3211 or LLAW3102 and LLAW3223 or LLAW4101 and LLAW3212 or LLAW4103. Enrolment is not permitted if LLAW5902, LLAW5905, LLAW5907 has been successfully completed
LLAW4213 Criminal Practice and Advocacy
S2 & NS2
LLAW3212 or LLAW4103 and LLAW3223^ or LLAW4101.
Enrolment is not permitted if LLAW5904 or LLAW5906 has been successfully completed.
Law Handbook 2013 17
Combined Law Degree Programmes
Range of Programmes
Law students (other than those who are graduates when they are admitted) may choose either to undertake the LLB/LP (or LLB) alone or undertake it in combination with one of the following:
Arts
Bachelor of Behavioural Sciences
(Psychology)
Business, Commerce (Accounting/Finance)
International Studies
Bachelor of Justice and Society
Languages
Science
What is a Combined Degree?
The term ‘combined degree’ can be a little misleading. If students choose to study Law under a combined programme this does not mean that they enrol in a single degree with a special title. Instead, a combined degree programme in Law involves studying concurrently for the LLB/LP and for one of the non-Law degrees listed above. They must enrol in the two degrees separately, study them separately and if they are successful, they will be awarded them separately. What the combined degree regulations ensure is that if students are engaged in the concurrent study of a Law degree and an approved non-Law degree, they can obtain the two degrees with fewer units of study than if they had undertaken them separately.
The Law Component
As far as the LLB/LP is concerned, the combined degree regulations require a minimum of 135 units of Law topics to be taken. Students wishing to undertake a combined degree with the LLB alone will be required to do a minimum of 117 units of Law topics.
The ‘Second Degree’ of the Combined Degree Component
As well as the minimum 135 units required for the LLB/LP, students undertaking a combined degree must meet the requirements set out in the relevant section of the current University Course Information publication for each of the non-law degrees. Further information on these requirements is available from those responsible for administering these degrees.
Study plans for commencing students are available on the Flinders Law School web page for some of the combined degree options.
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Double Counting Students enrolled from 2011 onwards are not permitted to double count electives in both degrees. Students who were enrolled prior to 2011 may be eligible to double count an elective in both degrees. Students should contact Charmaine Laattoe if they are eligible as they head towards completion. In the case of Bachelor of Arts students undertaking the Criminal Justice major, you must discuss your full programme with the Administration Officer (Academic) in the Bachelor of Arts Office.
Programmes of Study
Once students are admitted to a combined degree programme, there is no set programme of study for them to follow. It is up to students to consider each year how much they wish to study towards each degree and what programme best suits them. Normally, however, they might expect to be undertaking both Law and non-Law topics in each year of study. Suggested study plans are available for most combined degrees via http://www.flinders.edu.au/ehl/law/information-for-students/information-for-students_home.cfm
There are two exceptions to this freedom of choice. First, in their First Year of Law students must enrol in first semester in LLAW1211 Legal Research and Writing [Research 1, Writing 1] and LLAW1212 Criminal Law and Legal Method. Second, students must keep in mind that most topics within the Law School have prerequisites which must be satisfactorily completed before enrolment in these topics will be allowed. Students should therefore consider more than just the current year of enrolment but also their intended progress through the remainder of the degree, and take steps to ensure that any prerequisite requirements for future topics will be satisfied.
Withdrawal from Combined Degree Programmes
Since the basis of the combined degree programmes is that students undertake two degrees separately but concurrently, they are free at any stage to withdraw from one and complete the other on its own. But if they do this, they may find that they lose the benefit of the combined degree regulations and will need to take longer to complete the remaining degree.
Transferring into or between Combined Degree Programmes
Students who are already enrolled in a ‘straight’ Law degree at Flinders, and who want to transfer to a combined degree programme, can, in their first year, request enrolment into the second degree by submitting a help request via the Frequently Asked Questions website at: www.flinders.edu.au/asktrim
If a student has already completed a full-time year of study in Law, an internal transfer form can be lodged by visiting the Admissions Office, located in the Student Centre.
Law Handbook 2013 19
http://www.flinders.edu.au/future-students/how-to-apply/internal-transfer/internal-transfer_home.cfm
Postgraduate Degrees in Law
Students may enrol in the postgraduate research degrees of
Master of Laws (LLM)
Doctor of Philosophy (PhD)
Students are able to research in any of a wide range of areas of public and private law, though subject always to the availability of a supervisor on the staff of the Law School. The School has particular expertise in the following areas:
commercial law, including contract law, corporations law, consumer protection, Malaysian commercial law;
crime, law and justice;
dispute resolution, including evidence, procedure and alternatives to litigation;
environmental law;
health law and policy, including legal issues relating to medical treatment, mental health and disability;
human rights, at both international and domestic levels;
international law;
Islamic Law;
legal and criminal justice education;
legal profession and legal practice, including the judiciary;
legal theory and legal history;
property law, including housing law;
public law; and
women, gender and law.
The PhD can be completed in 2–4 years full-time, or 3–8 years part-time, and involves the completion of a research thesis of between 70,000 and 100,000 words. The LLM, which requires the completion of a 35,000 to 50,000 word thesis, involves 1–2 years full-time study, or 2–4 years part-time study.
Students interested in writing a thesis on a subject relating to criminal justice also have the option of enrolling in a Master of Arts (MA) by thesis. Further details are available in the Criminal Justice Handbook.
Postgraduate research students are normally given desk space within the Law School and provided with a computer which is networked to research facilities, and provided with email contact. They are invited to participate in the staff and postgraduate seminar programme including presenting seminars on current research. The Law School provides part-time teaching in several of its core topics and postgraduate students may wish to apply to teach in one or more topics in tutorials or workshops.
Further information on admission is available from the Faculty Research Higher Degrees Officer (Ph: 8201 2493) or from the Associate Dean (Research) within the School. Information on scholarships, for which research students may apply, are available from the Academic and Student Services Division, Higher Degree
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Administration and Scholarships, located in the Student Centre 8201 3115. See this website for further details: http://www.flinders.edu.au/research/
Coursework Degree: Master of Laws (LLM) International Law and International Relations
The Master of Laws (International Law and International Relations) is a coursework master offered in collaboration with the School of International Studies. Graduates with non-Law backgrounds in international relations or related areas, as well as Law graduates, are eligible to apply for entry. The coursework program is taught intensively.
The topics are generally taught in 3 day intensives during the year run on a Friday, Saturday and Sunday. See the website for further details.
General Information
Academic Integrity
The University’s policies are located in the Student Related Policies and Procedures Manual at: http://www.flinders.edu.au/ppmanual/student.html and in a summarised form in the Enrolment Guide. These policies refer to the crucial requirement that students understand and respect the rules and practices of academic integrity. Breaches will have consequences — always serious, sometimes severe. Breaches include (but are not limited to) plagiarism; collusion; cheating in examinations and tests; submission of the same piece of work in more than one topic; providing another student with the means of copying; or providing forged medical certificates.
As there are common misconceptions about ‘plagiarism’ it is well to say here in clear terms what it is. ‘Plagiarism’ consists of using another person’s words or ideas as if they were your own. It can take the following forms:
presenting extracts, without quotation marks and/or without appropriate referencing, from books, articles, theses, other published or unpublished works, films, music, choreography, working papers, seminar or conference papers, internal reports, computer software codes, lecture notes or tapes, numerical calculations, data or work from another student.’ In such cases, it is not adequate merely to acknowledge the source. This applies to material accessed in hard copy, electronically or in any other medium;
close paraphrasing of sentences or whole paragraphs with or without acknowledgement by referencing of the original work;
adopting ideas or structures from a source without acknowledgement;
using source codes and data from others’ work without acknowledgement;
arranging for someone else to undertake all or part of a piece of work and presenting that work as one’s own;
submitting another student’s work whether or not it has been previously submitted by that student.1
The Law School takes a very serious view of all breaches of academic integrity. Of special concern is the failure in written assignments to acknowledge that
Law Handbook 2013 21
words or ideas taken from another person are in fact the work of that other person. Students working in pairs or in ‘study groups’ must ensure that collaboration does not extend to the actual writing of individual assignments. It is only permissible if the lecturer in the topic has indicated that this is what is required or permissible.
Each year, several students are dealt with pursuant to the University’s formal procedures for dealing with allegations of breaches of the requirements of academic integrity. Penalties, including failure of the topic, have been imposed. In addition, the admitting authorities in this State have determined that ‘if a student has been found to have engaged in any academic dishonesty during their courses of study, this should be disclosed (as part of the Admission process to determine an applicant’s fitness and propriety to be admitted as a legal practitioner). In the Statutory Declaration in support of this application for Admission consent is given to the Board of Examiners to make enquiries from any of the learning institutions attended.’ In this regard, applicants for admission will be expected to disclose not only formal findings of academic dishonesty but pending allegations of academic dishonesty yet to be resolved, and any situation where a sanction has been imposed even without a formal finding of academic dishonesty; eg, a deduction of marks; award of a zero mark; a requirement to re-submit; a requirement to undergo counselling or attend a workshop on academic dishonesty.
Amendment to Enrolment Students wishing to amend their enrolment can do so on-line at https://flo.flinders.edu.au/. See the ‘Important Dates for 2013’ section earlier in the handbook to ensure you don’t miss any critical deadlines for amendments to enrolments. Enrolment Services can be contacted on (08) 8201 3950 or 1300 360 351 (local call cost) for assistance or at [email protected].
Total withdrawal from the degree is a step which is not to be taken lightly and without adequate program advice from the Director of Studies. The School of Law would be failing in its duty if it did not ask students to think seriously before taking such a step. Students contemplating this should contact the Director of Studies or the School Office to ensure that all options which may be available have been considered.
Deferral of Studies and Leave of Absence
Under the University’s policies, students offered a place within the undergraduate LLB/LP may defer their studies for one year before taking up their place. This deferral is done through SATAC. Students offered a place within the graduate entry LLB/LP cannot automatically defer their studies before taking up their place. Students who have already commenced the LLB/LP (and completed at least one semester of study) may apply for leave of absence for up to one year by submitting a help request via the Frequently Asked Questions website at www.flinders.edu.au/asktrim. In special circumstances, the Director of Studies may approve a second year of leave. A student who does not enrol in any given year, and who is not granted leave of absence, forfeits his/her place in the course and may have to re-apply, through SATAC, to gain entry into the course, unless the University makes a decision, upon application, to permit re-enrolment in exceptional circumstances. The application through SATAC will be
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in competition with all other applicants for admission and an offer cannot be guaranteed.
Assessment Policies
The University’s policies concerning assessment are set out in full in the Student Related Policies and Procedures manual, available on the University website at: http://www.flinders.edu.au/ppmanual/student.html.
Bookshops
Unibooks is located at Flinders University, on the Plaza. Recommended texts and topic readers can be purchased there. Texts may also be available through other Adelaide outlets and book retailers.
Computing Facilities
Computing facilities are available at Room 1.15 of the Law & Commerce Building. A condition of this facility is that it is used for quiet study purposes only. To gain access to these computing facilities students must have their student card activated at the commencement of every year. The Students Services Area can provide assistance with the activation process.
Change of Address/Name
It is a student’s responsibility to keep their records up to date. Students can change their address on-line at https://stuadmin.flinders.edu.au/login. Any change of name should be submitted to Academic and Student Services Division, Student Systems and Enrolment on the appropriate form as soon as possible to ensure that mail is sent to the correct person. Re-enrolment information, official notification of results and other important material may be sent out to students by mail. It is vital, therefore, that students keep the University informed of change of any name or address.
Course Advice
Advice as to study programmes for the LLB/LP may be obtained from the Director of Studies, or the Student Services Manager (Law). Where students are enrolled in combined degree programmes, advice in relation to the non-Law component should be sought directly from the relevant persons in the non-Law areas.
Cross-Institutional Enrolments
Students interested in undertaking topics at another university should contact the Faculty Administrative Officer (Law) on (08) 8201 3793 for advice.
Law Handbook 2013 23
Permission may be granted in appropriate instances. Interested students should be aware of the School’s policy on credit transfer, which is available from the Law School website:
Enquiries
Students needing help with academic matters or matters relating to their undergraduate programme should contact the Director of Studies and/or the School Office.
Enquiries as to admission into our undergraduate or postgraduate programmes should be directed to the Prospective Students Office, [email protected] or on Ph: 8201 3074.
Information relating to Practical Legal Training, including the new Graduate Diploma in Legal Practice, may be obtained from the Director of Professional Programmes, or the Professional Experience Officer, Christine Shepherdson by Ph: 8201 3632 or email [email protected]
General enquiries may be directed to the Law School Office [email protected], or ph: 8201 3539. The Law School’s fax number is 8201 3630.
Enrolment Procedures Continuing students will be contacted by Enrolment Services in preparation for their re-enrolment in their course. All new students will be provided with an enrolment and admission pack once they have accepted their place in the course.
Flinders Law Students’ Association
The Flinders Law Students’ Association (FLSA) is the representative body of Flinders law students and is run by Law students, for Law students. It is separate from the Law School and organises social events (such as the Law Ball, BBQs, pub ‘crawls’, and a Quiz Night); runs legal competitions (such as mooting, witness examinations, and negotiation), provides advocacy and representation for students; publishes careers guides and a quarterly magazine, and provides careers and educational information. FLSA is a member of the Australian Law Students’ Association and facilitates the Flinders delegation to ALSA’s National events and conferences.
You can find FLSA on Facebook and they are currently located in room 1.08 in the Law School, or at: http://www.flsa.org.au/index.php
How the Law School Contacts Students
It is a student’s responsibility to regularly check your flinders email address for communication from The University.
All enrolled students are provided with an email account by the University. Each student will have a username (or login ID — ‘Flinders Authentication Name’ [FAN]) and password which will be handed out on a printed form to first-time
24 Flinders Law School
enrolling students at enrolment. If you have already been issued with an email account in previous years, continue to use this account. Students without personal computers may use the University computing facilities.
Your Username and initial password can be obtained from Student Records. If the initial password doesn’t work, or if you don’t remember what it has been changed to, contact the Customer Service Centre (extension 12345, or email flinders.edu.au//isd/csc), or the Library (extension 15378). Students must communicate with the University using their student email address.
The University’s policy is that the official Flinders Student email address must be used when transacting University business. If you have a personal email account that you check more regularly, then you are encouraged to set up a forwarding facility from your Student Email account by using the ‘Email utilities’ at the home page of the university website.
Typically there are different methods of communication with students by the Law School.
1. Flinders on-line (FLO)
2. Topic and course information emails
3. Fortnightly student e-newsletter (Student Scoop)
4. Flinders Law School Website
Materials
Materials for topics taught by the Law School will be made available either on FLO, from the Student Services Area or in class. No charge will be imposed in relation to Topic Guides and some handouts which are required for completion of a topic. Materials in this category might include topic outlines, details of assessment schemes, reading lists, tutorial problems and assessment exercises. Many topic materials are also accessible through FLO. Materials, for which a charge is imposed, are available through the Unibooks bookshop on the University plaza.
Notices
Students are encouraged on a regular basis to check the Law noticeboards in the courtyard of the Law and Commerce Building, the Law School website, FLO, and Student Scoop e-newsletter. Any changes to the regular lecture/tutorial times or venues and urgent notices will be displayed on FLO and emailed to students.
Messages
Messages for Law School staff can be left by emailing the member of staff direct or by telephone http://www.flinders.edu.au/ehlt/law/staff/. If you are experiencing difficulties contacting a member of staff, either visit or telephone Student Services on 8201 3539 and leave a message. The standard format email address for staff is <[email protected]>. The Law School’s generic email address is <[email protected]>.
Law Handbook 2013 25
Staff Availability
Academic Staff may designate certain hours for informal academic counselling outside scheduled lecture, workshop and tutorial times, or invite students to email them to arrange an appointment. These are times when staff make a commitment to be available to their students, but arrangements may also be made at other times by mutual agreement.
Status for Previous Study
LLB/LP students who have previously completed other studies at a tertiary level may apply for status or credit for those studies towards their LLB/LP. Applications must be made using the ‘Application for Credit’ form available at: http://www.flinders.edu.au/future-students/how-to-apply/credit-transfers.cfm. Enquiries should be directed to the Faculty Administrative Officer (Law) in the Faculty Office.
University Student Support Services
Student Support Services provide a range of services as follows:
Careers Office — the Careers and Employer Liaison Centre (CELC) provides a diverse range of services and programs to students and recent graduates including workshops, job posting services, careers advice and a comprehensive range of careers resources. You can contact the Centre on 8201 2832 or email: [email protected] or http://www.flinders.edu.au/careers
Health, Counselling and Disability Services – provides on-campus health, counselling and disability services. Confidential, professional services are available to all students currently enrolled at Flinders University. To make an appointment at Health, Counselling and Disability Services please phone 8201 2118 or drop in (level 3 Student Centre). Email: [email protected] Reasonable adjustments to teaching and assessment methods can be negotiated with the topic coordinator following a defined University procedure. Please contact the Tracy Nicholls, Student Service Manager, on 8201 5543 or email [email protected] for assistance and information.
Equal Opportunity Unit — is responsible for policy development and advice on matters relating to women, people with disabilities, and race issues and handles queries relating to discrimination and harassment. Information about the Equal Opportunity Contact Officer network is available on the contact officers page at the Equal Opportunity website.
The Student Learning Centre (SLC) – provides a range of academic support services to undergraduate, postgraduate and international
26 Flinders Law School
students to assist them in the academic demands of the University and to help develop more effective study strategies. Advice on student assignments and help to improve students’ English language competency is also offered.You can contact them on 8201 2518 or Student Learning Centre - Flinders University
Yunggorendi First Nations Centre for Higher Education and Research - the Centre provides a focal point for Indigenous students, encouraging and supporting students’ participation and success in higher education. You can contact the Centre on 8201 3033 or email: [email protected] or http://www.flinders.edu.au/yunggorendi/contact-us.cfm
International Student Services Unit — provides assistance to international students in areas of admission, scholarships, accommodation etc. Phone 8201 2717 or visit http://www.flinders.edu.au/international-students/services/international-student-service.
Study Overseas on Exchange
Flinders University has established a number of exchange programmes around the world to enable Australian students to experience study and life in other cultures. Flinders University students can now choose to study Law or Criminal Justice for one or two semesters in a number of world-class universities in the USA, Canada, Europe, South America, United Kingdom and Asia. There are no tuition fees above HECS-HELP debts for the exchange programme, and eligibility for Youth Allowance or Austudy continues for the period of the exchange. To assist students applying, the University also offers a number of scholarships each year ranging from $1500 to $5000. For further information contact the Student Exchange Officer, International Office of Flinders University, telephone 8201 2727, fax 8201 3177, or email: [email protected] .
Students should also contact the Faculty Administration Officer (Law) [email protected] before signing up for an exchange programme. Students should contact the Student Services Manager, [email protected] if they are considering an exchange to determine the best time to do it in relation to their study plan.
